Pennington et al v. Sumner County Sheriff's Department et al

Filing 14

MEMORANDUM AND ORDER ENTERED: Petitioner's motion for an extension of time or a waiver of fees 13 is denied. Signed by U.S. Senior District Judge Sam A. Crow on 12/01/17. Mailed to pro se party Bruce Clement Pennington, Jr. by regular mail. (smnd)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS

BRUCE CLEMENT PENNINGTON, JR.,
Plaintiff,
v.

CASE NO. 17-3116-SAC

SUMNER COUNTY SHERIFF’S DEPARTMENT,
et al.,
Defendants.

MEMORANDUM AND ORDER
This matter is a civil rights action filed under 42 U.S.C. §1983.
On November 21, 2017, the Court granted plaintiff to and including
December 15, 2017, to provide an institutional financial statement
to the Clerk of the Court.
Plaintiff has moved for an extension of time to pay the fees,
stating that he expects to be released in early January 2018 and that
he has been unable to secure a financial statement from the facility
where he is incarcerated.
The Court declines to grant the extension sought. First,
plaintiff provides no documentation in support of his statement that
he has been denied a financial statement. Next, plaintiff was advised
by a notice issued on July 20, 2017, that because he filed this matter
while incarcerated, he must provide an institutional financial
statement. To date, he has failed to do so. See Doc. #5.
The Court issues this order to advise plaintiff that if he fails
to submit a financial statement by December 15, 2017, the Court will
dismiss this matter without prejudice. Plaintiff may refile the action
upon his release in early January 2018, but he is advised that he must

refile this matter within two years of the actions that give rise to
his claims for relief.1
IT IS, THEREFORE, BY THE COURT ORDERED petitioner’s motion for
an extension of time or a waiver of fees (Doc. #13) is denied.
IT IS SO ORDERED.
DATED:

This 1st day of December, 2017, at Topeka, Kansas.

S/ Sam A. Crow
SAM A. CROW
U.S. Senior District Judge

1

See Johnson v. Johnson County Comm’n Bd., 925 F.2d 1299, 1300-01 (10th Cir.
1991)(holding that “the appropriate statute of limitations for § 1983 actions
arising in Kansas is two years, under Kan. Stat. Ann. § 60-1507.”).